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Old October 29th, 2009, 09:09 PM   #1
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Defensive shoot in another state

Hypothetical question here.

Lets say I went to Maine on vacation which I quite often do in the summer (I have a Maine non-resident permit). Lets say I was robbed at gun point and I shot the perp dead.

I'm not in my home state, and it was a legal shoot. How would this play out in the courts? Obviously I couldn't stay in Maine for weeks or months until it was all hashed out.

Would they get my name and info if it was justifiable and send me on my way, or is there more to it?

Has anyone ever heard of someone using their CCW in a reciprocal state? How did it play out?
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Old October 29th, 2009, 09:15 PM   #2
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You Say
"Obviously I couldn't stay in Maine for weeks or months until it was all hashed out."

Well You could if the courts ordered you too !!!
and if you refused then you might possibly be a guest of a Maine Jail

Now there is no way I know how this would play out
But to say Something COULDN'T happen
overlooks the fact it COULD
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Old October 29th, 2009, 09:20 PM   #3
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It's not going to matter much where you're from, but rather which state that you shoot the criminal in...assuming that you ARE legal where the SD takes place.

Stay armed...know the state laws where you travel with a firearm...stay safe!
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Old October 29th, 2009, 09:44 PM   #4
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Quote:
Originally Posted by retsupt99 View Post
It's not going to matter much where you're from, but rather which state that you shoot the criminal in...assuming that you ARE legal where the SD takes place.

Stay armed...know the state laws where you travel with a firearm...stay safe!
Obviously I'm going to know the laws of said state...

My question was more along the lines of, if it were a legal and just defensive shooting, regardless of the circumstances leading up to it, and I shot the perp in legal defense of myself, how would that play out legally if I were not a resident of the reciprocal state?
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Old October 29th, 2009, 10:05 PM   #5
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Quote:
Originally Posted by Pro2A View Post
Obviously I'm going to know the laws of said state...

My question was more along the lines of, if it were a legal and just defensive shooting, regardless of the circumstances leading up to it, and I shot the perp in legal defense of myself, how would that play out legally if I were not a resident of the reciprocal state?
I wouldn't think it would play out any differently than if you were in your home state if it's a justifiable defense and you were legal and within your rights to do so. Why should it make a difference? You'll probably spend more time being investigated than one of the locals. I'm no attorney though. I've carried in other states where I'm allowed to do so with my reciprocal state of residence. I've never thought about this until now actually, and if I'm saving my life in another state, it all amounts to the same thing pretty much.
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Old October 29th, 2009, 10:30 PM   #6
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Originally Posted by Ram Rod View Post
I wouldn't think it would play out any differently than if you were in your home state if it's a justifiable defense and you were legal and within your rights to do so. Why should it make a difference? You'll probably spend more time being investigated than one of the locals. I'm no attorney though. I've carried in other states where I'm allowed to do so with my reciprocal state of residence. I've never thought about this until now actually, and if I'm saving my life in another state, it all amounts to the same thing pretty much.
Good question, I'm the same here--not thought of it till now, and I'm traveling a lot these next few months. Like Ram Rod said, I'm just going to do the same as I would in NC. Hell, NC seems relatively strict that the states I'm traveling to, I shouldn't have any problems.
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Old October 29th, 2009, 10:52 PM   #7
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IANAL..but it would seem that if they don't charge you with a crime, they can't stop you from going back home. They may you want to sign some sort of waiver of extradition agreement, but that would be about it. IMO
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Old October 30th, 2009, 12:27 AM   #8
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IANAL, but if things go smoothly, you'll prolly have to make a statement or deposition and stay in touch. If things get sticky, it might be nice to be able to contact competent legal help on the spot, so you don't have to dig a deeper hole.
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Old October 30th, 2009, 12:40 AM   #9
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In the last year or so, there was a 21 year old man visiting Missouri who shot and killed someone trying to rob him while he was visiting in the St. Louis area. Grady may remember the case I'm referring.

IIRC he was either from FL or maybe LA. He had a valid ccw from his home State, which Missouri honored in reciprocity. (btw... Missouri honors a ccw permit from any and all States who issue them, including non-resident permits.)

No charges were filed, it was ruled justifiable and he went on about his business.

Interesting side note is that Missouri does not issue a Missouri ccw to people who are under the age of 23. This guy was 21 but his ccw permit was valid for his home State so he was good to go. It made no difference that he wasn't old enough to get a Missouri permit had he been a Missouri resident. He was legal in his home State and that was all the law looks at.

However, regardless of what happened to this guy in this particular case... If you are traveling out of State and use deadly force, you are going to do whatever the State authorities demand of you. If that means, you don't leave the State while they investigate the shooting to decide if they are going to file charges, you are going to remain in the State, no matter how long it takes them to investigate.


You are sadly deluding yourself if you think the State is going to care one way or another if you are "inconvenienced" or not with their investigation.

Bottom line is, like others have already posted. If it is a clear cut justifiable shooting, chances are, you will be allowed to return home. They can always issue a warrant at a later time, if you fail to return if requested. And if they charge you with any degree of homicide, they will be more than happy to extradite you from your home State.

Remember, as a law abiding citizen with a stable life and roots set up in your community, you won't be hard for them to find, if they want to get their hands on ya!
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Old October 30th, 2009, 01:06 AM   #10
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We had a guy here in Utah Shoot a badguy in his (goodguy's)motor home (the good guy was on vacation) he was not CCW it was a shot gun.

The guy was interviewed and once they released the motor home (Crime scene) he drove away.

You will be interviewed by the police and they will get all your contact information and You'll be on your way. Worse case, they might ask you to stay over night until they can check some info out. But if its a clear case of self defense, they won't keep you.

Once they confirm who you are and where you live, they can alway put out a warrant if things go south.
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